Atwood Shootiing Suspect takes plea deal in closed-door meeting

3 of 5 charged appear in court Thursday

STERLING -- The first woman charged in relation to the shooting at the Atwood Sinclair Station in August took a plea deal Thursday, after the judge took her disposition hearing into a closed-door meeting.

Leticia Hernandez -- one of three connected to the incident who appeared in Logan County District Court -- pleaded guilty to second-degree assault and possession of menthamphetamine, with a stipulated probation cap. The length of her probation, as well as the terms and conditions, will be determined after a pre-sentence investigation report is conducted.

Assistant District Attorney Brittny Lewton said Judge Michael Singer conducted the private hearing in the interest of the defendant's safety. Some of the co-defendants have ties to gangs -- though Hernandez does not, Lewton said -- and some of the information discussed in the hearing involved gang relations.

She clarified that the shooting itself was not gang-related.

"There's a different culture and dynamics of the gang world. It's not something our district is used to," Lewton said. "There's lots of information, and lots of serious ramifications about information that's made public. We're trying to keep the lid on that."

Before the hearing, Hernandez faced charges of attempted first-degree murder after deliberation, aggravated robbery and first-degree assault with a deadly weapon -- all much more serious than what she pleaded to.

She had allegedly helped plan the confrontation on Aug.

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12, along with co-defendants Monica Baray, Jose Velasquez and Joseph Bernal, in which they allegedly planned to rob and possibly attack Eric Morales after they say he "shorted" Bernal's sister $700.

After Hernandez and Baray convinced Morales to stop at the Sinclair Station, authorities say a firefight ensued. Morales and Velasquez were shot twice, Jared Sanchez -- who has not been charged in the incident -- was paralyzed after receiving two gunshot wounds to the neck and Bernal and Velasquez fled the scene.

Eric Morales (Logan County Jail)

The defendant allegedly hid in the bathroom with another witness during the confrontation.

Lewton said Hernandez received a lighter sentence because she had no prior criminal history, and that other co-defendants wouldn't be offered similar deals.

In light of that, Morales was denied a bond reduction from $30,000 Thursday.

Charges weren't originally brought against Morales, who was the victim in the case. But further investigation led to his arrest on two counts of weapons possession by a previous offender, tampering with physical evidence, violation of bail bond conditions, possession of drug paraphernalia and a protection order violation.

Singer said he wouldn't entertain a bond argument unless Public Defender Damon Brune presented new arguments.

Joseph Robert Bernal (Logan County Jail)

Brune simply said that the amount was oppressive.

He will have a disposition hearing Jan. 9 at 1:30 p.m.

Joseph Bernal, who also appeared in court, set his case for a preliminary hearing. He faces charges of first-degree attempted murder, after deliberation, first-degree assault with a deadly weapon, aggravated robbery and five habitual criminal counts.

If convicted, he could possibly be sentenced to life in prison, due to his habitual counts.